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Politicians: Beware of petitioners bearing gifts
Politicians: Beware of petitioners bearing gifts : April 14, 2008 by Rich Lord and Dan Fitzpatrick, Pittsburgh Post-Gazette State and local laws on public officials taking gifts leave wiggle room for modest presents and those from friends, prompting many to write their own rules for everything from complimentary tickets to stocking stuffers. "In this matter of receiving gifts, I always ask myself, what is the perception? Is the perception that I'm being influenced?" said Pittsburgh Councilman Patrick Dowd. And if he sees a possibility of a perception of influence? "I don't accept the gift." The issue has been thrust to the forefront of city politics with the news last week that city Urban Redevelopment Authority Executive Director Pat Ford accepted Christmas gifts from Lamar Advertising real estate manager Jim Vlasach before and just after the firm received a controversial lease and permit for an electronic billboard on the new Grant Street Transportation Center, Downtown. The timeline: On Dec. 11, Lamar and the Pittsburgh Parking Authority submitted an application for a permit to put a 1,200-square-foot electronic billboard on the front of the center, which the authority is building. On Dec. 19, 2007, the permit was approved by zoning administrator Susan Tymoczko, after Mr. Ford told her that provisions in the zoning code that bar new Downtown signs, or at the very least require public hearings and votes, could be waived because the company agreed to take down six nearby vinyl billboards. On Dec. 21, 2007, Lamar inked a lease with the parking authority that would have it pay $3,000 a month in rent for the sign. Mr. Vlasach negotiated the lease, and Mr. Ford was the authority's board chairman. There was no public bidding or board vote on the lease. Around Christmas, Mr. Ford and Mr. Vlasach exchanged Christmas gifts, with the Lamar executive giving the development official what he said was probably "some cigars and maybe a few neckties." The two friends had exchanged Christmas presents before, including Mr. Vlasach's 2006 Yuletide gift of a surround sound system to Alecia Sirk, who is Mr. Ford's wife and was Mayor Luke Ravenstahl's press secretary until her resignation Wednesday. Now Mr. Ford is on paid leave, and the URA board has asked the State Ethics Commission to investigate his actions. The billboard permit is the subject of Zoning Board of Adjustment appeals filed by five of the nine members of City Council, and a court-sanctioned deal reached Friday, April 11, 2008, apparently will have Lamar submit the sign for planning commission approval. The question before the State Ethics Commission may be whether Mr. Ford took "anything of monetary value, including a gift, loan, political contribution, or reward" based on an understanding that it was related to any official act he took. If so, that's illegal. Another question is whether Mr. Vlasach, in any year, gave Mr. Ford gifts worth a total of $250 or more. If so, Mr. Ford should have reported them to the State Ethics Commission -- and he has never filed any such report. The reporting requirement, though, doesn't apply to a "family member or friend when the circumstances make it clear that the motivation for the action was a personal or family relationship," as the state Ethics Act puts it. The city's Ethics Code is different. It bars any official from taking any gift from an "interested party," which means anyone whose interests may be affected by the official's performance of his or her duties. There are exceptions for small nonmonetary gifts, official travel, meals, admissions to cultural or sporting events worth no more than $250 a year, and charitable, civic or political events. The city Ethics Hearing Board is expected to consider at its May 8, 2008, meeting revisions to the rules on charitable events, as a result of Mr. Ravenstahl's June attendance at a high-dollar golf outing, courtesy of the University of Pittsburgh Medical Center and the Penguins. The board won't consider the case of Mr. Ford and Ms. Sirk unless someone files a complaint, said board Chairwoman Sister Patrice Hughes. It will defer to the State Ethics Commission. Mr. Ravenstahl said the revelations of gift-giving are "very difficult" for him personally, because he considers both Mr. Ford and Mr. Vlasach good friends. "But when issues arise like they did Wednesday, and the acceptance of gifts is now something he's acknowledged, I have real concerns with that," he said. He said he has "socialized from time to time at different events" with Mr. Vlasach, but was never offered any gifts. Council members have begun mulling changes to the city's gift rules. Annual financial disclosure forms officials must fill out don't even include a place to list them. "Lobbyists' jobs are to be your friend, because that's how they influence you," said council President Doug Shields. "You need to maintain that arm's length to avoid even an appearance" of impropriety. "I am very close friends with a former administrator at Lamar, Don Brown," said state Sen. Jim Ferlo, D, Highland Park, known as a foe of billboards when he was on council. "Have I ever taken gifts or benefits of any sort? Absolutely not." Council members who did not want to be quoted said they are frequently offered free tickets to events and small gifts. Former officials said it has long been thus. When Eloise Hirsh first became Pittsburgh planning director in 1994, a billboard company sent over congratulatory bottles of wine. "I sent them back," she said. "I really think there are very clear rules about that." Ms. Hirsh, who left city planning in 2000 and now works in New York, was critical of Mr. Ford's decision to accept and not publicly disclose the gifts from Mr. Vlasach. "It is so far over the top to take gifts like that," she said. The fact that Mr. Ford and the billboard executive were friends means "they even have to be more careful." Ms. Hirsh said she was particularly cautious around billboard companies. They "were notorious for attempting to influence public officials," she said, citing the "tricky" restrictions governing billboard use. Tom Cox was executive secretary to former Pittsburgh Mayor Tom Murphy when, in 2003, Mr. Ford and Mr. Vlasach negotiated "swaps" of vinyl billboards for electronic ones -- some without the knowledge of the city Law Department. Mr. Cox said he would never have accepted gifts from Lamar and "certainly not if I thought there was a chance they were going to do business with the city." While he admitted that "it gets a little fuzzy when someone is your, quote-unquote, best friend ... the answer is 'no.' " When he was with the Murphy administration, "occasionally" Mr. Cox would go to lunch with someone and that person might pay. Or companies might send gifts to his office. If that happened, Mr. Cox said he would leave the gifts for other staff members to take. The key, Mr. Cox said, is disclosing anything you receive and decide to keep. Links category:news coverage